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1989 Supreme(Ker) 522

K.P.RADHAKRISHNA MENON, T.V.RAMAKRISHNAN
K. S. R. T. C. – Appellant
Versus
Padmanabhan Nair – Respondent


JUDGMENT

K.P. Radhakrishna Menon, J.

1. The Kerala State Road Transport Corporation, the first respondent in O. P. (M.V) No. 348/1981 before the M. A. C. T., Ernakulam, is the appellant.

2. The award is under challenge. The Tribunal has decreed a sum of Rs. 24,000/- = at damages with interest at 6% from 15-5-1981 till realisation and cost.

3. Respondents 1 and 2 are the parents of Ajay Kumar alias Rajan who died in a motor accident which occurred at 00. 45 A. M. at Pettah near Thripunithura on 16-11-1980. The deceased at the time of his death was 21 and was a waiter in the Malabar House on the Market Road. At the lime of his death he was getting Rs. 300/- as salary per month excluding his expenses and tips. The parents claimed a sum of Rs. 50,000/ = as compensation for loss of dependency and damages to clothing and articles.

4. The Tribunal after evaluating the evidence has found that the accident was due to the rash and negligent driving of the second respondent. The Tribunal has fixed the multiplicand at Rs. 2,400/- = and the multiplier at 10.

5. The learned counsel for the appellant argued that the finding of the Tribunal that the accident was due to the negligent driving of the drive








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